What This Question Is Really Asking
You’re asking what the “middle stage” looks like after your demand goes out—when the claim is no longer just being opened and investigated, but it also hasn’t settled yet. This is the stage where the insurer (or defense counsel) tests the demand, looks for weak points, and decides whether to pay, negotiate, or hold firm and force the case toward litigation.
A Practical Step-by-Step Path
- Immediate priorities: Your law firm usually confirms the demand was received, calendars any response date that was requested, and keeps a clean record of all communications. If new bills, new records, or new wage-loss documents come in, the firm typically organizes them so they can be sent as a structured “update” rather than piecemeal.
- Short-term tasks: The other side reviews the demand and often responds in one of a few ways: (a) asks questions about treatment, prior issues, or gaps in care; (b) disputes fault; (c) disputes whether the treatment was caused by the incident; or (d) makes a counteroffer. Negotiations often focus on concrete issues the adjuster can justify internally—like how the injury is documented, whether the treatment looks consistent over time, and whether the claimed life-impact is supported by facts.
- Later-stage steps: If the parties get closer, they may exchange a few more rounds of offers and updated documentation. If the gap stays wide, the discussion often shifts to whether filing a lawsuit makes sense so formal discovery can begin (sworn testimony, subpoenas for records, and court-managed deadlines). In more serious cases, the defense may push for a recorded statement; many attorneys prefer not to do informal recorded statements in major-injury cases because they can create avoidable risks if the wording is imprecise or incomplete.
Timing: What Can Speed Things Up or Slow Things Down
- Records and billing delays: If updated records, imaging reports, or itemized bills are still outstanding, the insurer may say it cannot “finish evaluation” yet.
- Treatment changes or gaps: Long gaps in care, sudden changes in providers, or unclear discharge status can lead to more questions and slower movement.
- Disputed liability: If the insurer argues you share fault, negotiations may slow or stall—especially because North Carolina’s contributory negligence rule can be a major pressure point in settlement talks.
- Missing “life impact” details: Pain and suffering is real, but it is easier to negotiate when it is supported with specific, day-to-day examples (work limits, sleep disruption, household limitations) that match the medical timeline.
- Multiple decision-makers: Some claims require supervisor approval or additional internal review, which can add time even when the adjuster is communicating.
How This Applies
Apply to your facts: Because your demand is already out and negotiations have started, the next “practical” move is usually a clean case update: any new treatment status, new records/bills, and any new wage-loss documentation—sent in a way that ties the update to the original demand. Coordinating how to send that update matters because it helps avoid confusion about what is new, what is unchanged, and what the insurer is being asked to do next (for example, re-evaluate and respond with a revised offer).
What the Statutes Say (Optional)
- N.C. Gen. Stat. § 1-52 (Civil limitations) – lists the three-year limitations period that commonly applies to personal injury claims.
Conclusion
After a demand is sent, negotiation usually becomes a structured back-and-forth about proof: what the records show, what the timeline supports, and what a jury might do if the case is filed. Case updates should be organized and tied to the key issues the insurer is raising, not just forwarded as raw paperwork. If negotiations stall or deadlines are approaching, one next step is to speak with a North Carolina personal injury attorney about whether it’s time to push for a firm response or prepare to file suit.
